Family Violence Flashcards
What are the civil options when it comes to family violence
civil option involves making app for IVO.
Application involves
- Complaint and warrant
- app for interim IVO
- Complaint and summons
- FVSN
what are the 3 pathways to dealing with FV
- criminal
- civil
- referal
Explain your POE under the FV Act
157 Family Violence Act
means you can enter the property where you have been given information that FV has occurred even though when you arrive on the scene there is no BOP occuring.
As police officers we have been given info (eg next door neighbour) we have to investigate the matter.
in terms of FV explain the difference between criminal and civil side
the civil side is when the police have to make application for IVO by ways of an C+W, C+S, FVSN in order to protect the AFM.
criminal side is when the resp has committed a further offence such as assault or criminal damage.
what are the 5 criminal options, if criminal options are considered.
- charge and remand
- charge and bail
- charge and summons
- intent to summons
- no further police action following a brief for non-authorisation
can police proceed with IVO without the consent of the AFM
why
yes police can proceed with app for ivo if there is a genuine concern for safety of the AFM
what are the different app for IVO
• who issues it
• where and when can app be made
1. Complaint and warrant • issued by registrar of mag court • app can be made - directly to court during business hours or - after hours registrar
2. Interim IVO • can only be GRANTED by mag court • app can be made - directly to court during business hours or - after hours registrar
- FVSN
• issued by sgt or above
• app can be made
- outside of court hours to sergeant or above
When are the time frames for app for IVO and warrants can be made to the after hours registrar
- after 5pm
- before 9am on week day
- public holidays
what method of IVO’s do you use when AFM needs
- immediate protection
- describe why
- Complaint and warrant
- RESP is not present and location is unknown
- no POA for criminal offences
- member believes necessary to take RESP into custody and ensure safety of AFM
- interim
- RESP is not present but location is known (police can consider this)
- normally issued with comp and summ
- FVSN
- issued any time
- no current ivo in place
- Immediate protection required
- issued by sgt or above
When is a FVSN issued
- at any time
- RESP is present
- no active IVO present
- immediate safety concerns for AFM
- ensure the appearance of resp at court within 72 hrs
When at court result may either be interim or full ivo
Explain the family violence process with criminal elements
- Obtain statement from AFM
- I/V acc
- Complete FVR (ledrmk2)
• comp and summ
• comp and warr
• FVSN - Fax executed copies of
- FVSN
- comp and summ
To court for matter to be listed.
Email copies to HDL court liaison officer.
Place all copies in court tray
- Once FVR committed to leap an incident # will generate.
- Place this incident # on LEAP reports “supplementing FVR incident #”
• LEAP reports are for criminal elements
Explains the process when it’s just a civil process
- Complete appropriate action
• comp and warr
• comp and summ
• FVSN - Email to HDL FV liaison officer
so that pros can have relevant info - Fax to court once above paper work have been executed.
- Once matter is heard, Interim/final order is faxed back to police stn.
- Serve on RESP
